Termination of Agreement; Survival. (a) The Underwriters may terminate their obligations under this Agreement, by notice to the Company, at any time at or prior to the Closing Date (i) if there has been, since the date of this Agreement or since the respective dates as of which information is given in the Registration Statement and the Prospectus, any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Company and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business, or (ii) if there has occurred any outbreak of hostilities or escalation thereof or other calamity or crisis the effect of which is such as to make it, in the reasonable judgment of the Underwriters, impracticable to market the Certificates or to enforce contracts for the sale of the Certificates, or (iii) if trading generally on the New York Stock Exchange has been suspended, or if a banking moratorium has been declared by either federal or New York authorities.
Appears in 29 contracts
Samples: Underwriting Agreement (LB-UBS Commercial Mortgage Trust 2008-C1), Underwriting Agreement (LB-UBS Commercial Mortgage Trust 2007-C7), Underwriting Agreement (Lb-Ubs Commercial Mortgage Trust 2006-C3)
Termination of Agreement; Survival. (a) The Underwriters may terminate their obligations under this Agreement, by notice to the Company, at any time at or prior to the Closing Date (i) if there has been, since the date of this Agreement or since the respective dates as of which information is given in the Registration Statement and the Prospectus, any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Company and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business, or (ii) if there has occurred any outbreak of hostilities or escalation thereof or other calamity or crisis the effect of which is such as to make it, in the reasonable judgment of the UnderwritersRepresentative, impracticable to market the Underwritten Certificates or to enforce contracts for the sale of the Underwritten Certificates, or (iii) if trading generally on the New York Stock Exchange has been suspended, or if a banking moratorium has been declared by either federal or New York authorities.
Appears in 3 contracts
Samples: Underwriting Agreement (First Union Commercial Mortgage Securities Inc), Underwriting Agreement (First Union Commercial Mortgage Securities Inc), Underwriting Agreement (First Union Commercial Mortgage Securities Inc)
Termination of Agreement; Survival. (a) The Underwriters Underwriter may terminate their obligations under this Agreement, by notice to the Company, at any time at or prior to the Closing Date (i) if there has been, since the date of this Agreement or since the respective dates as of which information is given in the Registration Statement and the Prospectus, any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Company and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business, or (ii) if there has occurred any outbreak of hostilities or escalation thereof or other calamity or crisis the effect of which is such as to make it, in the reasonable judgment of the UnderwritersUnderwriter, impracticable to market the Certificates or to enforce contracts for the sale of the Certificates, or (iii) if trading generally on the New York Stock Exchange has been suspended, or if a banking moratorium has been declared by either federal or New York authorities.
Appears in 3 contracts
Samples: Underwriting Agreement (Commercial Mort Pass Thru Cert Series 1998-C4), Underwriting Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 1999-C2), Underwriting Agreement (Structured Asset Securities Corp)
Termination of Agreement; Survival. (a) a. The Underwriters may terminate their obligations under this Agreement, by notice to the Company, at any time at or prior to the Closing Date (i) if there has been, since the date of this Agreement or since the respective dates as of which information is given in the Registration Statement and the Prospectus, any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Company and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business, or (ii) if there has occurred any outbreak of hostilities or escalation thereof or other calamity or crisis the effect of which is such as to make it, in the reasonable judgment of the Underwriters, impracticable to market the Certificates or to enforce contracts for the sale of the Certificates, or (iii) if trading generally on the New York Stock Exchange has been suspended, or if a banking moratorium has been declared by either federal or New York authorities.
Appears in 1 contract
Samples: Underwriting Agreement (Structured Asset Securities Corp Ii)
Termination of Agreement; Survival. (a) The Underwriters may terminate their obligations under this Agreement, by notice to the Company, at any time at or prior to the Closing Date (i) if there has been, since the date of this Agreement or since the respective dates as of which information is given in the Registration Statement and the Prospectus, any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Company and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business, or (ii) if there has occurred any outbreak of hostilities or escalation thereof or other calamity or crisis the effect of which is such as to make it, in the reasonable judgment of the UnderwritersRepresentative, impracticable to market the Certificates or to enforce contracts for the sale of the Certificates, or (iii) if trading generally on the New York Stock Exchange has been suspended, or if a banking moratorium has been declared by either federal or New York authorities.
Appears in 1 contract
Samples: Underwriting Agreement (Commercial Mortgage Pass Thru Cert Series 1999 C1)
Termination of Agreement; Survival. (a) The Underwriters may terminate their obligations under this Agreement, by notice to the Company, at any time at or prior to the Closing Settlement Date (i) if there has been, since the date of this Agreement or since the respective dates as of which information is given in the Registration Statement and the Prospectus, any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Company Company, FUNB and its their respective subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business, or (ii) if there has occurred any outbreak of hostilities or escalation thereof or other calamity or crisis the effect of which is such as to make it, in the reasonable judgment of the Underwriterseither Underwriter, impracticable to market the Underwritten Certificates or to enforce contracts for the sale of the Underwritten Certificates, or (iii) if trading generally on the New York Stock Exchange has been suspended, or if a banking moratorium has been declared by either federal or New York authorities.
Appears in 1 contract
Samples: Underwriting Agreement (First Union Commercial Mortgage Securities Inc)